Politics
Obi, LP’s Petition Frivolous, Lacks Merit, APC Tells Tribunal
The All Progressives Congress (APC), on Monday, asked the presidential election petition tribunal to dismiss the Labour Party and its presidential candidate Peter Obi’s petition against President-elect, Bola Tinubu.
The APC, the fourth respondent, urged the tribunal to reject the petition in its notice of preliminary objection marked CA/PEPC/03/2023 and filed at the tribunal’s secretariat Monday night by Thomas Ojo, a member of the party’s legal team led by Lateef Fagbemi, in Abuja.
The party asked the tribunal to dismiss the petition with substantial cost because it lacked merit and was frivolous.
Mr Obi, the first petitioner, and Labour Party, the second petitioner, had sued the Independent National Electoral Commission (INEC), Mr Tinubu, Vice-President-elect Kashim Shettima and APC as first to fourth respondents, respectively.
The petitioners are seeking the nullification of the election victory of Messrs Tinubu and Shettima in the February 25 presidential election.
While former Vice-President Atiku Abubakar of the Peoples Democratic Party (PDP) came second with 6,984,520 votes in the election, Mr Obi came third with 6,101,533 votes.
Alhaji Abubakar and PDP are also challenging the outcome of the poll.
However, in the petition marked CA/PEPC/03/2023 filed by Mr Obi and Labour Party’s lead counsel, Livy Ozoukwu, they contended that Mr Tinubu “was not duly elected by majority of the lawful votes cast at the time of the election.” The petitioners claimed there was rigging in 11 states.
Mr Obi and his party claimed that INEC violated its regulations when it announced the results even though the total polling unit results had not been fully scanned, uploaded and transmitted electronically as required by the Electoral Act.
Among other prayers, the petitioners urged the tribunal to “determine that, at the time of the presidential election held on February 25, 2023, the second and third respondents (Messrs Tinubu and Shettima) were not qualified to contest the election.
“That it be determined that all the votes recorded for the second respondent in the election are wasted votes, owing to the non-qualification of the second and third respondents. That it be determined that on the basis of the remaining votes (after discountenancing the votes credited to the second respondent), the first petitioner (Mr Obi) scored a majority of the lawful votes cast at the election and had not less than 25 per cent of the votes cast in each of at least two-thirds of the states of the federation and the FCT and satisfied the constitutional requirements to be declared the winner of the February 25 presidential election,” stated the petition.
It asked the tribunal to determine that Mr Tinubu, “having failed to score one-quarter of the votes cast at the presidential election in the FCT, was not entitled to be declared and returned as the winner of the presidential election held on February 25.”
Responding, the APC urged the court to dismiss the suit on the ground that Mr Obi, the first petitioner, lacked requisite locus standi to institute the petition because he was not a member of the Labour Party at least 30 days to the party’s presidential primary to be validly sponsored by the party.
“The first petitioner (Mr Obi) was a member of PDP until May 24, 2022. The first petitioner was screened as a presidential aspirant of the PDP in April 2022. The first petitioner participated and was cleared to contest the presidential election while being a member of the PDP,” APC argued.
“First petitioner purportedly resigned his membership of PDP on May 24, 2022, to purportedly join the 2nd petitioner (Labour Party) on May 27, 2022.”
It alleged that Labour Party, the second petitioner, “conducted its presidential primary on May 30, 2022, which purportedly produced the first petitioner as its candidate, which time contravened Section 77(3) of the Electoral Act for him to contest the primary election as a member of the second petitioner.”
APC argued that Mr Obi was not a member of the Labour Party as of the time of his alleged sponsorship, arguing that “by the mandatory provisions of Section 77 (1) (2) and (3) of the Electoral Act 2022, a political party shall maintain a register and shall make such register available to INEC not later than 30 days before the date fixed for the party primaries, congresses and convention.”
It stated further that all the PDP’s presidential candidates were screened on April 29, 2022, an exercise in which Mr Obi participated and was cleared to contest while a party member.
According to APC, Mr Obi and Labour’s petition was incompetent since Mr Obi’s name could not have been in the party’s register made available to INEC when he joined the party.
The APC argued that the petition was improperly constituted, having failed to join Mr Abubakar and PDP.
“By Paragraph 17 of the petition, the petitioners, on their own, stated that Alhaji Atiku Abubakar came second in the presidential election with 6,984,520 votes as against the petitioners who came third with 6,101,533 votes; at Paragraph 102 (iti) of the petition, the petitioners urged the tribunal to determine that 1st petitioner scored the majority of lawful votes without joining Alhaji Atiku Abubakar in the petition,” the APC stated.
It added, “For the tribunal to grant prayer (iii) of the petitioners, the tribunal must have set aside the scores and election of Alhaji Atiku Abubakar. Alhaji Atiku Abubakar must be heard before his votes can be discountenanced by the tribunal.”
The party said the petition and the identified paragraphs were in breach of the mandatory provisions of Paragraph 4(1)(D) of the 1st Schedule to the Electoral Act, 2022.
According to APC, paragraphs 60 — 77 of the petition are non-specific, vague and/or nebulous and thereby incompetent contrary to paragraph 4(1)(d) of the Ist Schedule to the Electoral Act, 2022.
It said the allegations of non-compliance must be made distinctly and proved on a polling unit basis, but none was specified or provided in any of the paragraphs of the petition.
“Paragraphs 59-60 of the petition disclose no identity or particulars of scores and polling units supplied in 18,088 units mentioned therein,” it added.
The party, therefore, argued that the tribunal lacked the requisite jurisdiction to entertain pre-election complaints embedded in the petition as presently constituted, among other arguments. The APC urged the tribunal to dismiss the petition with substantial cost as it is devoid of any merit and founded on frivolity.
The Tide source reports that Prof. Akinoso was elected alongside 38 other executive members of the party at the congress held on Saturday.
Other executive members are Dr Abiola Olaonipekun, who emerged as Secretary, Alhaja Latifah Latifu, Women Leader and Mr A. Adeleke, elected as Youth Leader.
It was learnt that the congress, which took place at the Obafemi Awolowo Stadium, Oke Ado in Ibadan, was attended by representatives of the Independent National Electoral Commission (INEC), the Police, other security agencies and prominent members of the party.
The election was supervised by electoral committee members, among whom were Prince Diran Odeyemi, who served as Chairman, Hon. Awoniyi Tolulope, Mr Babatunde Gbadamosi, Queen Stepheine Oyechere, Alhaji Yusuf Abidakun, Mr Olumide Aguda and Dr Phillips Adeniyi, who served as Secretary.
Prof. Akinoso, in his inaugural address, urged members of the party to set aside intra-party differences.
He advised them to concentrate their resources on the promotion of the party, saying, “The primary responsibilities of party executive members are to coordinate party activities, ensure harmony among members, and ensure party victory during general elections.
“Our immediate assignments are to key into INEC released 2027 general election time-tables. As directed by the National Caretaker Committee of PDP, our party e-membership registration starts next week. We must be fully involved and do a membership drive.
“A political party is only relevant and benefits its members if it wins the election. This is our goal. We should set aside intra-party differences; concentrate our resources towards the promotion of the party. We will make necessary consultations and dialogue to actualise this”.
President Tinubu disclosed this during an interfaith breaking of fast with senior journalists and media executives at the Presidential Villa in Abuja on Saturday.
He also disclosed that his administration had opened up on the principles of true federalism to the extent that local governments now get direct allocation from the Federal Government.
“There’s no morning that I ever leave my house without going through the newspapers. It’s an addiction. I read all of you.
“It might not be in full detail, but headline, the one that would hit me and the ones that won’t.
“At the beginning of this administration, I was just a little bit stubborn, looking at opportunities to correct things and make life more easier for the downtrodden.
“We’ve opened up the principle of federalism to the extent that local governments are now getting their money, but how they use it is in your hands. So, don’t bombard me alone,” President Tinubu said.
The ruling party said the ADC had turned criticism of the APC-led administration into its operating manifesto instead of presenting concrete solutions to Nigeria’s economic challenges.
In a statement issued on Saturday by the APC National Publicity Secretary, Mr Felix Morka, the party dismissed the ADC’s interpretation of a report presented at a policy dialogue organised by Agora Policy which suggested that the country’s poverty rate had risen from 49 per cent to 63 per cent.
Mr Morka said the opposition party’s reaction to the report as a “damning verdict” on the government’s economic policies reflected either ignorance of economic realities or deliberate political mischief.
“The African Democratic Congress’ attempt to spin a recent report presented at the Agora Policy dialogue indicating a rise of poverty rate of 63 per cent from 49 per cent as a damning verdict on this administration’s economic policies speaks either to its shocking ignorance of economic policy or its wilful blindness to the justification for, and transformative impacts of, ongoing economic reforms,” he said.
The APC spokesman noted that the report itself recognised the necessity of reforms aimed at correcting long-standing structural distortions in the economy.
According to him, the ADC had failed to present any credible alternative policy direction for Nigerians.
“Clearly, the ADC does not recognise itself as a political party. The ADC has not articulated a single alternative policy position or prescription of benefit to Nigerians. Condemning the APC and its policies has become its operating manifesto,” Mr Morka said.
He explained that major economic decisions taken by President Bola Tinubu, including the removal of fuel subsidy and the unification of multiple foreign exchange windows, were necessary steps to rescue the country’s economy from collapse.
Mr Morka said the subsidy regime had for years placed a heavy burden on public finances, consuming trillions of naira annually while encouraging corruption, fuel smuggling and inefficiencies in the system.
He added that the reforms had helped redirect national resources to key sectors such as infrastructure, healthcare, education and social development.
The APC spokesman acknowledged that economic reforms often come with short-term hardship but stressed that the measures were essential to build a stronger and more resilient economy.
“Economic reform is never cost-free anywhere in the world. The transient hardship experienced by Nigerians was an inevitable cost of reforms meant to build and guarantee a better future for all Nigerians,” he said.
Mr Morka maintained that the country’s economic outlook was already improving, citing recent growth figures and stronger external reserves.
“Our economy has rebounded and is expanding steadily. The country’s Gross Domestic Product grew by 4.4 per cent last year and is projected to expand by 5.5 per cent this fiscal year, with foreign reserves now exceeding $50 billion,” he stated.
He also pointed to government initiatives designed to cushion the effects of economic adjustments on citizens, including cash transfer programmes, student loan schemes and the rollout of compressed natural gas (CNG) initiatives to reduce transportation costs.
Mr Morka reaffirmed that the APC-led administration would remain focused on rebuilding the economy and expanding social investments to support vulnerable Nigerians.
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